Harvey Weinstein’s Lawyers Say Emails Show Consensual Relationship, Not Rape
Harvey Weinstein’s Lawyers Say Emails Show Consensual Relationship, Not Rape
Facing Life Behind Bars, Harvey Weinstein Wants Criminal Case Tossed Out Or Moved
04 August, 2018, 05:45
In court papers filed in NY on Friday, his lawyers said: "Based on published reports, the District Attorney's Office conducted its investigation amidst overwhelming pressure from the media, politicians and high-ranking police officials demanding the arrest of Mr Weinstein".
Harvey Weinstein's attorney, Ben Brafman, filed a motion in court on Friday to dismiss the disgraced producer's sexual assault case.
One message, dated February 2017, almost four years after the rape is alleged to have occurred, says that the woman didn't want to feel "like a booty call". Another message, days later, says "it would be great to see you again".
Over the ensuing months and years, the two continued seeking and arranging to meet, the emails show.
"I was so happy you saw me today!" the woman apparently said that October. "There is no one else I would enjoy catching up with that understands me quite like you", she purportedly wrote to Weinstein in July 2014.
The alleged rape victim is quoted as saying in one email from February 2017: "I love you, always do. But I hate feeling like a booty call", with a smiling-face symbol afterward.
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Lawyers for Harvey Weinstein are asking a judge to toss criminal sex-crime charges, citing an extensive and affectionate email correspondence between the onetime powerful Hollywood producer and his alleged rape victim. His lawyers say all the charges should be dismissed; the defence says some charges are too vague, among other arguments.
A spokeswoman for the New York District Attorney declined to comment.
NY law regarding whether prosecutors must let grand jurors know about evidence that could exonerate a defendant is complicated. Allred asked, adding that a grand jury "would not have indicted him if they did not find the testimony that they heard credible". A spokesperson for Cyrus Vance Jr's office had no comment on the upcoming filings.
One of the charges against him - predatory sexual assault - carries a maximum sentence of life in prison. Allegations against Weinstein, first brought to light by The New York Times and The New Yorker magazine, catalyzed the #MeToo movement about calling out sexual misbehaviour. Lawyers for the former movie titan filed notice Friday they'll seek dismissal of the case. He denies all allegations of non-consensual sex but has apologized for causing "a lot of pain" with "the way I've behaved with colleagues in the past".
"Among the numerous grounds supporting dismissal, the motions reveal the existence of exculpatory evidence known to the prosecution but intentionally kept from the grand jurors, communications which corroborate Mr Weinstein's factual innocence in this case".
The producer pleaded not guilty and is now out on a $1 million bail along with Global Positioning System tracking, so he can't leave the country.
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